Contributory negligence
Where the person who suffered a loss is partly to blame, and their compensation is reduced by their share of the fault.
Definition
Contributory negligence arises where the claimant's own failure to take reasonable care for their own safety or interests contributed to the loss or injury they suffered. Under the Law Reform (Contributory Negligence) Act 1945, the court apportions blame between the parties and reduces the claimant's damages by the percentage they are found to be at fault. A finding of 100% contributory negligence defeats the claim entirely.
In practice
If you were partly at fault — for example, not wearing a seatbelt in a road accident, or failing to mitigate your loss after a breach of contract — expect the defendant to raise contributory negligence. Even a partial reduction can significantly reduce any award. Keep records showing you acted reasonably after the incident.